Thursday, July 25, 2019
Criminal Procedures Seminar - Week 2 Essay Example | Topics and Well Written Essays - 250 words
Criminal Procedures Seminar - Week 2 - Essay Example The contact is only consensual if a citizen voluntarily stops to communicate with a law enforcer. For instance, traffic stops do not require a suspicion to justify the contact. On the other hand, a Terry stop, which is often a brief detention, lies between a consensual encounter and an arrest. Even so, it demands ââ¬Å"reasonable articulable suspicionâ⬠of an ongoing or future criminal activity. An arrest occurs if a police stops a citizen and they are not ââ¬Å"free to leaveâ⬠. There are basic factors used to coerce a search or an arrest. A ââ¬Å"probable causeâ⬠of arrest exists if there is hard evidence or coherent facts that signify the presence or future occurrence of a crime by the person the police stop (Law Enforcement Bulletin, 2014). A person can only be under arrest if police are aware of a crime and have substantial evidence, for instance, if they smell drugs, or see a weapon. During encounters, the searches are often appropriate, although there are times when it is inappropriate. A search is only appropriate if there is ââ¬Å"reasonable suspicionâ⬠of a current or future occurrence of a crime. A search is appropriate if a person seems anxious or answers questions contradictorily. One is often in more trouble for telling a lie as compared to simply keeping quiet. In any case, police will inform them of their rights, such as the right to remain silent, in the process of an
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